Resolution Law Firm

PATENT LAW AND RIGHT OF A PATENT IN NIGERIA

PATENT REGULATIONS IN NIGERIA The Patent and Design Act 1971 (the Act) is the principal patent law in Nigeria. A patent is a grant by a country to an inventor of an exclusive monopoly right to preclude another person from exploiting, making, using, importing, or selling invention his invention without his consent for a fixed [...]

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AUTHENTICATION OF MARRIAGE CERTIFICATE IN NIGERIA

LEGALIZATION OF MARRIAGE CERTIFICATE IN NIGERIA The procedure for an authentication marriage certificate in Nigeria involves three major steps. The first step is to obtain the certified true copy (CTC) of the marriage certificate at relevant registry; notarize the marriage certificate with the notary public in Nigeria; the third step is the attestation from Ministry [...]

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RULES AND REGULATIONS OF DOING BUSINESS IN NIGERIA

BUSINESS LAWS IN NIGERIA There are several applicable rules and regulations of doing business in Nigeria. This purpose of this write-up is aimed at summarizing the steps required to carry out business in Nigeria and the rule and regulations governing businesses in Nigeria. Business setup and operation in Nigeria are governed by various laws. These [...]

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OVERVIEW OF COPYRIGHT LAWS IN NIGERIA

COPYRIGHT LAWS IN NIGERIA ADMINISTRATION OF COPYRIGHT IN NIGERIA A copyright is an exclusive right given to the originator of creative work to reproduce the work for a limited period. Copyright protects the work of authors, artists, songwriters, music publishers and composers, photographers and other creatives. The primary copyright law in Nigeria is the Copyright [...]

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OVERVIEW OF WITHHOLDING TAX IN NIGERIA

WITHHOLDING TAX RATES IN NIGERIA 2020 WITHHOLDING TAX LAW Withholding Tax in Nigeria is a form of advance payment of income tax. It is a payment on account of the ultimate income tax liability of the taxpayer or company. Withholding tax (WHT) is not a separate tax on its own and does not confer an [...]

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REGISTRATION AND BENEFITS OF FREE TRADE ZONES IN NIGERIA

BENEFITS OF THE FREE TRADE ZONES IN NIGERIA FREE TRADE ZONES REGULATIONS A free-trade zone is a class of special economic zone. It is a geographic area where goods may be landed, stored, handled, manufactured, or reconfigured and re-exported under specific customs regulation and generally such goods are not subject to customs duty. Free trade [...]

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OVERVIEW OF COMPANY INCOME TAX IN NIGERIA

COMPANY INCOME TAX IN NIGERIA The Company Income Tax Act (CITA) is the principal law that regulates the taxation of companies in Nigeria. The tax regime in Nigeria is a multi-level tax system, which simply means that tax is administered by the three tiers of government. The Federal Inland Revenue Service (FIRS) administers or oversee [...]

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LEGALIZATION OF DOCUMENTS IN NIGERIA

LEGALIZATION AND AUTHENTICATION OF DOCUMENTS IN NIGERIA Legalization of a document in Nigeria connotes the certification of a document, which has already been authenticated.  It is a process by which a foreign embassy in Nigeria certifies the genuineness of signature or stamps and/or seal made by the authorized officials of the Ministry of Foreign Affairs [...]

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HOW TO REGISTER NOGIC JQS WITH LOCAL CONTENT BOARD

HOW TO REGISTER FOR NOGIC JQS WITH NCDMB NIGERIAN LOCAL CONTENT REGISTRATION The Nigeria local content registration is supervised and administered by the federal government through the NCDMB.  The Nigerian Content Development and Monitoring Board (NCDMB) is a federal government agency that was established by the virtue of the Nigerian Oil and Gas Industry Content [...]

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REQUIREMENTS FOR SETTING UP MICROFINANCE BANK IN NIGERIA

MICROFINANCE BANK LICENSE IN NIGERIA Obtaining a microfinance bank license in Nigeria requires a lot of steps and procedures, which must be strictly followed. The license is issued by the Central Bank of Nigeria (CBN) pursuant to the provisions of the Banks and Other Financial Institutions Act 2021 and CBN Guidelines for the Regulation and [...]

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Commencement of Arbitral proceedings And Notice of Arbitration

 Notice of Arbitration Nigeria In accordance with the provisions of section 17, Arbitration and Conciliation Act (ACA)), where there is a default of an agreement by the parties, the arbitral proceedings in respect of such a dispute may commence on the date the request to refer the dispute to arbitration is received by the other party. [...]

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PROCEDURE FOR BIRTH CERTIFICATE & ATTESTATION OF BIRTH CERTIFICATE IN NIGERIA

ATTESTATION OF BIRTH CERTIFICATE BIRTH CERTIFICATE NIGERIA The National Population Commission (NPC) is an agency of the Federal Government of Nigeria established and saddled with the responsibility of issuing a birth certificate in Nigeria. The agency also issues attestation of birth certificate for any person born in Nigeria where applicable. The Nigeria birth certificate is [...]

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NAPIMS REGISTRATION REQUIREMENTS

NAPIMS REGISTRATION The National Petroleum Investment Management Services (NAPIMS) is a corporate services unit in the E&P Directorate of the Nigerian Petroleum Petroleum Commission(NNPC), which supervises the Nigerian Petroleum Exchange (NIPEX) registration. The purpose of NIPEX is to register supplier, vendor and contractor with the Nigerian National Petroleum Corporation(NNPC) and also for all other Exploration [...]

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HOW TO REGISTER A SECURITY GUARD COMPANY IN NIGERIA

Private Security Company License and Registration The private security guard companies are supervised by the Nigerian Security and the Civil Defense Corps (NSCDC). The procedure for how to register a security guard company in Nigeria must be commenced with the registration of a private limited liability company. Most individuals and corporate organizations now require the [...]

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OVERVIEW OF THE INTELLECTUAL PROPERTY LAW IN NIGERIA

INTELLECTUAL PROPERTY LAW Intellectual property is simply the creation of the human mind. It is the intangible property of human creation. According to the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind: inventions; literary and artistIntellectualic works; and symbols, names, and images used in commerce. In this article, we briefly [...]

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Procedure for Debt Recovery in Nigeria

How To Recover Debts Debt Recovery Process in Nigeria The law has provided for a lawful process and procedure for debt recovery in Nigeria. To start with, owing debt is a civil wrong, and not criminal wrong. Thus, the Police and other security agents may not have the power to arrest a debtor except the [...]

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PRINCIPLE OF CORPORATE GOVERNANCE IN NIGERIA

The core principle of corporate governance in Nigeria is on how to make those in the management of the companies more accountable, responsible and sensitive to the interest of shareholders, the interest of creditors and members of the public.The main laws, which are the fulcrum of the corporate governance principles in Nigeria are: The Companies [...]

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AN OVERVIEW OF MARRIAGE LAWS IN NIGERIA

MARRIAGE LAWS IN NIGERIA STEPS FOR GETTING MARRIED IN NIGERIA Marriage in the English dictionary is defined as the legally or formally recognized union of two people as partners. It is also called matrimony or wedlock and this union establishes rights and obligations between the two people who are married and just like every other [...]

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APPOINTMENT OF ARBITRATORS IN NIGERIA

Appointment of arbitrators in Nigeria is the first step to commence an arbitration proceeding. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead [...]

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PROCEDURE FOR APPOINTING ARBITRATORS IN NIGERIA

APPOINTMENT OF ARBITRATORS Appointment of arbitrators in Nigeria is the first step to commence an arbitration proceeding. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure [...]

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Procedure for Trademark Search in Nigeria

Trademark Search Nigeria The trademark search is the first step for registering a trademark in Nigeria. Essentially, there are three major steps involved in trademark registration in Nigeria namely; (1) Search, (2) Filing and (3) Publication.  Each of these three major steps is followed by a major result. To start with, the first step, the [...]

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PROCEDURE FOR THE ESTABLISHMENT OF A COOPERATIVE SOCIETY IN NIGERIA

COOPERATIVE SOCIETY REGISTRATION IN LAGOS A cooperative society is a voluntary association of individuals, united by the common bond, who have come together to pursue their economic goals for their own benefits. It is an autonomous association of persons united voluntarily to meet their common economic, social & cultural needs and aspiration through a jointly [...]

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REQUIREMENTS FOR STARTING A BUSINESS IN NIGERIA

STARTING A COMPANY IN NIGERIA The principal law guiding the starting of a business in Nigeria is the Companies and Allied Matters Act (CAMA) Cap C20. There are different types of business entities that can be registered in Nigeria. The choice of business to set up is influenced by various factors such as control, limitation [...]

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PROCEDURE FOR NSITF REGISTRATION

PROCEDURE FOR NSITF REGISTRATION The Employee Compensation Act of 2010 establishes the Employee Compensation Scheme, which provides adequate and timely compensation for employees who suffer diseases or injuries in the course of employment. The Nigeria Social Insurance Trust Fund (NSITF) provides a defined scheme through social insurance method for employees in the private and public [...]

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HOW TO OBTAIN TEMPORARY WORK PERMIT IN NIGERIA

TWP VISA NIGERIA Temporary work permit (TWP) is a short time permit issued to foreigners encouraging them to work in Nigeria for a limited period of time. The Temporary Work Permit visa does not guarantee permeant residency in Nigeria. Foreigners coming into Nigeria for a short term employment purpose are expected to obtain the TWP [...]

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CAN A DIRECTOR BE A COMPANY SECRETARY IN NIGERIA?

Subject to the provisions of the Companies and Allied Matters Act 2004 (CAMA), a private company may appoint any competent person as its Secretary. The CAMA does not exclude the director of the same company as an eligible person for such a position. Consequently, a private company may appoint one of its directors as a [...]

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OVERVIEW OF THE APPOINTMENT OF NOMINEE DIRECTORS AND SHAREHOLDERS IN NIGERIA

RESIDENT DIRECTOR NIGERIA SHAREHOLDERS IN NIGERIAN COMPANY There are several types or classes of Directors allowed under the Nigerian law, which include Executive Directors, Alternate Directors, Managing Directors, Shadow Directors, Life Directors and Nominee Directors among others. The focus of this write-up is to briefly examine and evaluate the proprietary and appointment of nominee directors in Nigerian. [...]

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REQUIREMENT FOR SALE AND TRANSFER OF A SHIP IN NIGERIA

SALE AND TRANSFER OF VESSEL IN NIGERIA ACQUISITION OF SHIP IN NIGERIA A Ship or Vessel can be sold and ownership of title to a ship can be transferred to another in accordance with the Merchant and Shipping Act. The Merchant Shipping Act 2007 provides for the transfer and sale of a ship in Nigeria. [...]

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SUMMARY OF TAXES APPLICABLE TO COMPANIES IN NIGERIA

TAXES APPLICABLE TO COMPANIES IN NIGERIA Taxes are imposed and applicable to both individuals and companies in Nigeria. The Federal Inland Revenue Service (FIRS) collect taxes on behalf of the Federal Government in Nigeria. There are several taxes mandated by law to be payable by companies doing business in Nigeria, which includes but are not [...]

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PROCEDURE FOR NON RESIDENT NIGERIAN BANK ACCOUNT

OPENING A BANK ACCOUNT IN NIGERIA There are various regulations and procedures guiding the opening and operation of a bank account for both locals and non-resident persons in Nigeria. The Non-resident bank account opening in Nigeria is relevant to Nigerian citizens in diaspora and foreigners having Nigerian residency status. Pursuant to the Central Bank of [...]

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THE LOCAL CONTENT REQUIREMENTS IN NIGERIA OIL AND GAS INDUSTRY

LOCAL CONTENT IN NIGERIA OIL AND GAS INDUSTRY NIGERIAN LOCAL CONTENT REQUIREMENTS Nigeria a former British colony had an Independence date that was heralded on the discovery of oil in 1956. The Nigerian oil and gas industry has been growing since the discovery of Crude Oil by the Shell group at Oloibiri. Although this particular [...]

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PROCEDURE FOR OBTAINING ECOWAS PERMIT IN NIGERIA

ECOWAS RESIDENCE CARD IN NIGERIA PROCEDURE FOR ECOWAS RESIDENCE PERMIT IN NIGERIA ECOWAS residence permit is the approval given by countries under the Economic Community of West African States to citizens of other countries to come into any ECOWAS country for a given period of time. The ECOWAS treaty provides for free movement of citizens [...]

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POWER OF ATTORNEY IN NIGERIA

 HOW TO GET POWER OF ATTORNEY IN NIGERIA TYPES OF POWER OF ATTORNEY Power of Attorney is a document or instrument, which authorizes or appoints a person to legally act and administer affairs on behalf of another. The parties in a Power of Attorney are referred to as Donor/Principal (the party who donates power to [...]

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SHARE CAPITAL AND CLASSES OF SHARES IN NIGERIA

SHARE CAPITAL OF A COMPANY IN NIGERIA The share capital is fundamental to a set up of a company. The extent of liabilities and dividends or profits of the owners of a company can only be determined by the number of shares subscribed to be the individual owners or shareholders. There are various types or classes of shares permissible under [...]

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FUNDAMENTALS OF CONTRACT OF EMPLOYMENT IN NIGERIA

EMPLOYMENT CONTRACT IN NIGERIA The contract of employment in Nigeria is used under the employment and labour relations to attribute rights and responsibilities between parties to a bargain. It emphasizes the power of the employer to control the work of the employee. Contract of employment is defined under section 91 of the Labour Act 2004 [...]

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COMPANY SECRETARIAL SERVICES IN NIGERIA

Company secretarial services in Nigeria involve the administration of a company with regards to ensuring compliance with the statutory and regulatory requirements. Nigerian companies are required under the Companies and Allied Matters Act LFN 2004 to appoint a secretary. Section 293 of the “Act” states that “every company shall have a secretary” Upon the incorporation [...]

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PROCEDURE FOR PRODUCT REGISTRATION IN NIGERIA

PRODUCT REGISTRATION WITH STANDARD ORGANIZATION OF NIGERIA Products imported into Nigeria for commercial purposes are required to be registered with the Standard Organization of Nigeria (SON). This enables the SON to check and verify the quality of all products brought into the Nigerian territory for commercial purposes. SON registration covers all items to be imported into Nigeria except [...]

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STEPS FOR REGISTERING HOLDING, CONSORTIUM AND GROUP OF COMPANIES IN NIGERIA

HOW TO REGISTER A GROUP OF COMPANIES IN NIGERIA FORMATION OF CONSORTIUM COMPANY A Holding, Consortium, and a group of companies are business structures that can be created to accomplish specific purposes. The law regulating the formation of a company in Nigeria is the Companies and Allied Matters Act (CAMA or the Act). Generally, using [...]

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HOW TO COMMENCE CIVIL ACTION IN NIGERIA

LAWSUIT IN NIGERIA Commencement of a civil action is the process taken to institute an action before a competent court to determine the issues between parties. Essentially, there are 4 modes of commencing a civil action in court in Nigeria namely; By Writ of Summons, By Originating Summons, By Originating Motion and By Petition. Each [...]

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PCT NATIONAL PHASE APPLICATION IN NIGERIA| HOW TO FILE A PCT APPLICATION

PCT PATENT FILING IN NIGERIA PCT NATIONAL PHASE APPLICATION IN NIGERIA A Patent and Cooperation Treaty (PCT) patent application filing provides a process for reserving an applicant’s priority right to file an existing patent application in foreign countries. Generally Patents granted are territorial in nature. This means that the exclusive rights granted are only applicable in the [...]

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Can a foreigner be a director in a Nigerian company?

Most investors contemplating to do business in Nigeria usually wish to know whether foreigner can be a director of a Nigerian company. The answer to this question is Yes. The Nigerian governing law for company registration or business formation is the Companies and Allied Matters Act (CAMA) LFN 2004. The CAMA allows a foreigner to [...]

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REMOVAL AND CHANGE OF DIRECTORS IN A PRIVATE LIMITED LIABILITY COMPANY

REMOVAL AND CHANGE OF DIRECTORS IN A PRIVATE LIMITED LIABILITY COMPANY A Director is appointed by the Company to manage and direct its business affairs. The roles of Directors as officers of a Company are important roles to be played in running a company. The principle of the Nigerian Law is that a Company though [...]

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SOLICITORS IN LAGOS | LEGAL SERVICE IN LAGOS

Resolution Law Firm's solicitors in Lagos Nigeria offer legal services in Lagos by assisting both individuals and corporate clients on various aspects of legal matters in Nigeria. The choice of legal practitioner is crucial to every legal matter. Therefore, Resolution Law Firm ensures it delivers quality and inexpensive legal services to its several clients across [...]

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INTERNATIONAL LAW FIRMS IN NIGERIA

INTERNATIONAL LAW FIRM FIRMS IN LAGOS NIGERIA The concept of international law firms in Nigeria involves the law firms offering multi-jurisdictional services from Nigeria. The Nigerian Legal Practitioners Act precludes any lawyer or any person who is not admitted to practice law in Nigeria as a Barrister and Solicitor of the Supreme Court from practising [...]

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TRADEMARK WATCH SERVICE IN NIGERIA

TRADEMARK WATCH IN NIGERIA The importance of trademark watch service in Nigeria is to monitor new applications that have been filed at the trademark registry for any potential infringement on someone's existing trademark. The essence is also to identify if any similar or identical mark has been registered and notify mark owners timeously to ensure that [...]

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HOW TO SUE A PERSON IN NIGERIA

SUING SOMEONE IN NIGERIA The process of suing someone in Nigeria is to bring an action in court against a person for various reasons such as a breach of contract, tortuous act and among others. Before taking the decision to sue a person in Nigeria, it is good to consider whether there are other options [...]

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HOW TO OBTAIN QUARRY LEASE IN NIGERIA

REQUIREMENTS FOR QUARRY LEASE Quarry means an excavation or system of excavations made for the purpose of or in connection with the obtaining of stone, sand, granite, chalk, clay, flint, gravel, gypsum, limestone, marble, marl, quartz and other quarrying materials whether in their natural state or in solution or in suspension. The law governing the [...]

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INTRODUCING OLUSOLA JEGEDE

PROFILE OF OLUSOLA JEGEDE Olusola Jegede is a Partner and Special Counsel at Resolution Law Firm. Olusola attended the University of Bradford where he obtained Bachelor in Law(LL.B). He later attended the Nigerian Law School and was subsequently admitted into the Nigerian Bar as a Barrister and Solicitor of the Supreme Court in Nigeria. He is [...]

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GUIDELINES FOR FILING ANNUAL RETURNS IN NIGERIA

FILING OF ANNUAL RETURNS IN NIGERIA An annual return is a mandatory requirement every enterprise, private limited company, or incorporated trustees in Nigeria must fulfil at least once in every year by making and delivering to the Corporate Affairs Commission (CAC) a return in the prescribed form containing the specified matters relating to the organization [...]

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PROCEDURE FOR WINDING UP OF A COMPANY IN NIGERIA

PROCEDURE FOR WINDING UP OF A COMPANY IN NIGERIA DISSOLUTION OF A COMPANY Winding up of a company in Nigeria is the liquidation and dissolution process of any given company in Nigeria. It is a decision that is collectively settled by the company to end the existence of such company, consequently leading to the distribution [...]

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LEGAL FRAMEWORK FOR COMMERCIAL REAL ESTATE DEVELOPMENT IN NIGERIA

COMMERCIAL REAL ESTATE DEVELOPMENT The term real estate means physical property. A commercial real estate is one of the main types of real estate and it is used to refer to buildings or land intended to generate profit. The concept of commercial real estate development in Nigeria also includes the residential real estate and the [...]

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